United States v. Zhou

428 F.3d 361 (2005)

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Nature of the Case

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Facts

An illegal gambling parlor was located behind a clothing store. An unknown caller telephoned Chen Tin Hua (Hua), a 'shareholder' in the gambling operation, and identified himself as being associated with 'Vietnamese Boy.' The caller stated that Vietnamese Boy would come to the gambling parlor to pick up $ 10,000, which the caller instructed Hua to place in a red envelope. Hua told the caller that he had no money and hung up. Hua was summoned outside by a group of men. Hua was met by Chen (D), Lin (D), Xiao (D) and Li Wei (D). All four pointed guns at Hua and demanded $10,000. Xiao struck Hua on the head, and Li Wei, using his gun, struck Hua in the stomach. Xiao then ripped a necklace from around Hua's neck, and the group fled the scene in a vehicle. On or about September 30, 2001, Ds, together with Xiao (D) and co-defendant Li Xin Ye (D), robbed an illegal gambling parlor located at the back of a barbershop. Ds used guns, and this they got more than $10,000. The crime spree continued. Eventually, Chen and Lin were caught and convicted. The first count against Ds related specifically to the crimes committed against Hua. Ds appealed in part the conviction for extortion claiming the evidence was insufficient to support the convictions.